B.L.YADAV, J. - (1.) This jail appeal has been preferred by Appellant Sakal Deep against the judgment and order dated 12-11-1982 rendered by the Sessions Judge, Jaunpur in Sessions Trial No. 50 of 1981 convicting the appellant under S. 302, I.P.C. and sentencing him to the Life Imprisonment.
(2.) Prosecution story as contained in the First Information Report (Ex.Ka. 1) is that Smt. Inri the deceased, was cousin sister of appellant Sakaldeep. She was married to Sidhari, resident of Rupipur, Police Station, Dostpur, District Sultanpur. On 30th of January, 1981, the deceased had come from her father-in-law's house and she stayed in the house of her step-brother, Sakaldeep, appellant. Informant Laldeo (since deceased) and his wife Smt. Sita heard the noise of his sister Inri deceased "Bachao-bachao, Jan se martey hai" from the house of appellant. He and his wife woke up and ran to the house of the appellant and saw that Sakaldeep was giving Kulhari blows to the deceased. In the mean while Sangram P.W. 2, Bansi P.W. 3 and Jiya Lal also reached there. The appellant gave several blows to the deceased and he ran with axe towards the informant and his wife, they receded. Thereafter he ran away with the axe. The informant and other persons saw the deceased lying dead on the ground. Information of the occurrence could not be furnished in the night but it was furnished on 31/01/1981, in the morning.
(3.) The prosecution has examined Smt. Sita P.W. 1, the wife of informant Baldeo (since deceased), Sangram P.W. 2 and Banshi P.W. 3. These are eye-witnesses. P.W. 5 Dr. H. K. Varma, Medical Officer, District Hospital, Jaunpur, conducted the post-mortem examination and prepared the report on 1/02/1981. He found following ante-mortem injuries :- 1. Multiple bruises and nail marks on the left lower jaw, and both sides of faces crescentric 1/2 cm x 0.3 cm on the left lower jaw and four nail marks in an area of 11/2 cm x 2 cm on left side of face. One linear mark 1/2 cm on the right side face. The face was cynosed and smeared with blood. The hairs were suffused with blood and interwoven. 2. Incised deep wound, 7 cm x 1 cm x muscle (11/2 cm) deep on the outer angle of right side mouth, including the upper lip portion. 3. Incised wound, 5 cm x 2 cm x bone out, on the outer and upper part of the left arm and shoulder with tailing inside to a distance of 21/2 cm. 4.Incised wound 21/2 cm x 1 cm x 1- cm with tailing to a distance of 3 cm, clean cut, 1 1/2 cm below the left fore-arm. 5. Linear abrasion, 41/2 cm, on the outer part of the left arm. 6. Deep incised wound, 21/2 cm x 0.7 cm x 1.5 cm with tailing to a distance of 3 cm x 3 cm, above the posterior fold of the left axilla. 7. Incised deep wound, 3 cm x 0.7 cm. x bone deep, on back of left shoulder. 8. Incised deep wound, 6 cm x 2 cm x incised and bone cut of posterior anterior aspect of left fore-arm, 31/2 cm below the elbow joint. 9. Incised deep wound, 4 cm x 1 cm x muscle deep, 3 cm from injury No. 3. The cause of death was shown by the doctor was shock and haemorrhage as a result of ante-mortem injuries and the throttling.;